J.B. from New Haven County, Connecticut writes:
Dear Mister Condo,
24 separate condos and 24 representing Trustees under a Masters Association. When the various standing committees go into executive session including the Executive Committee, does any trustee in the audience have to leave?
Mister Condo replies:
J.B., Executive Sessions are used by Boards and Committees to discuss sensitive information that the Board or Committee doesn’t necessarily want to share with outsiders. Boards and Committees are well within their right to hold Executive Sessions and may absolutely need to, depending on what they are discussing. However, Trustees of the association are the elected leaders and can usually attend whatever Committee meetings they wish. So, while Committees have the right to go into Executive Session, asking a Trustee to leave may be moot. While I am not certain who comprises the Executive Committee at your association, my guess is that it would be the Officers (President, VP, Secretary, Treasurer, etc.). They may need to discuss sensitive information on lawsuits, personnel, etc. that is better done in Executive Session. However, the actions they take in that session will eventually become part of association records so you can be assured nothing untoward is taking place. If they violate the rules for Executive Session, any decisions they made can be challenged. I hope that helps.